Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38728 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== MANOJ KUMAR YADAV, S/O PRADUMAN YADAV R/O Merhaul @ Mehrol, P.S- Kadwa, Distt.- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Azam Nagar P.S. Case No. 91 of 2023 and G.R. No. 1374/2023 dated 13.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 23.625 litres of illicit foreign liquor was recovered from a tempo which was being driven by the petitioner who disclosed his name as Manoj

Patna High Court CR. MISC. No.38728 of 2023(2) dt.05-07-2023 2/2 Kumar Yadav.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azam Nagar P.S. Case No. 91 of 2023 and G.R. No. 1374/ 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T